[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Page 57032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18025]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-279; RM-11956; DA 23-703; FR ID 165046]


Television Broadcasting Services Tulare, California

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has before it a petition for rulemaking filed 
by One Ministries, Inc. (Petitioner), requesting the allotment of 
reserved noncommercial educational (NCE) channel *3 to Tulare, 
California as the community's first local television service.

DATES: Comments must be filed on or before September 21, 2023 and reply 
comments on or before October 6, 2023.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
45 L Street NE, Washington, DC 20554. In addition to filing comments 
with the FCC, interested parties should serve counsel for the 
Petitioner as follows: James L. Oyster, Esq., 108 Oyster Lane, 
Castleton, Virginia 22716.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647; or Joyce Bernstein, Media Bureau, at 
<a href="/cdn-cgi/l/email-protection#6d2702140e08432f081f031e190804032d0b0e0e430a021b"><span class="__cf_email__" data-cfemail="95dffaecf6f0bbd7f0e7fbe6e1f0fcfbd5f3f6f6bbf2fae3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Petitioner contends that Tulare is a 
community deserving of a new television broadcast service. In support, 
the Petitioner states that Tulare, with a 2020 population of 70,733 was 
founded in 1872 by the Southern Pacific Railroad and is in the heart of 
agricultural San Joaquin Valley, halfway between Los Angeles and San 
Francisco.
    Tulare is known for its agricultural production and home to the 
nation's largest single-site dairy complex. The Petitioner further 
states that Tulare has a mayor and five council members; police, public 
works, planning, engineering, and community and economic development 
departments; a library, school district, and numerous businesses and 
places of worship. The Petitioner states its intention to file an 
application for channel *3, if allotted, and take all necessary steps 
to obtain a construction permit. The proposed amendment to the Table of 
TV Allotments warrants consideration. The Petitioner's proposal would 
result in a first local service to Tulare under Priority (2) of the 
Commission's television allotment priority standard. The Petitioner 
demonstrates, and a Bureau staff engineering analysis confirms, that 
channel *3 can be allotted to Tulare, California, consistent with the 
minimum geographic spacing requirements for new allotments in section 
73.623(d) of the Commission's.
    This is a synopsis of the Commission's Notice of Proposed 
Rulemaking, MB Docket No. 23-279; RM-11956; DA 23-703, adopted August 
16, 2023, and released August 16, 2023. The full text of this document 
is available for download at https://www.fcc.gov/edocs. To request 
materials in accessible formats (braille, large print, computer 
diskettes, or audio recordings), please send an email to <a href="/cdn-cgi/l/email-protection#5e181d1d6b6e6a1e383d3d70393128"><span class="__cf_email__" data-cfemail="60262323555054200603034e070f16">[email protected]</span></a> 
or call the Consumer & Government Affairs Bureau at (202) 418-0530 
(VOICE), (202) 418-0432 (TTY).
    This document does not contain information collection requirements 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain any proposed information 
collection burden ``for small business concerns with fewer than 25 
employees,'' pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the 
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to 
this proceeding.
    Members of the public should note that all ex parte contacts are 
prohibited from the time a Notice of Proposed Rulemaking is issued to 
the time the matter is no longer subject to Commission consideration or 
court review, see 47 CFR 1.1208. There are, however, exceptions to this 
prohibition, which can be found in Section 1.1204(a) of the 
Commission's rules, 47 CFR 1.1204(a). See Sections 1.415 and 1.420 of 
the Commission's rules for information regarding the proper filing 
procedures for comments, 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.

Proposed Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.

0
2. Amend Sec.  73.622, by adding in the table in paragraph (j), under 
California, in alphabetical order the entry for ``Tulare'' to read as 
follows:


Sec.  73.622  Digital television table of allotments.

* * * * *
    (j) * * *

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                       Community                           Channel No.
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                                * * * * *
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                               California
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                                * * * * *
Tulare.................................................             * 3
 
                                * * * * *
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[FR Doc. 2023-18025 Filed 8-21-23; 8:45 am]
BILLING CODE 6712-01-P


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